Vijay Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9138 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 8th OF JULY, 2022

                MISC. CRIMINAL CASE No. 33046 of 2022

         Between:-
1.       VIJAY SINGH S/O SHRI DEVLAL, AGED 36 YEARS

2.       MAHILA RATIBAI W/O SHRI VIJAY SINGH,
         AGED 33 YEARS, OCCUPATION: HOUSEWIFE,
         RESIDENTS OF- VILLAGE THAR KHEDA THANA
         AMOLA,    DISTRICT   SHIVPURI   (MADHYA
         PRADESH)

                                                            .....APPLICANTS
         (BY SHRI R.K.MISHRA-ADVOCATES)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION AMOLA, DISTRICT SHIVPURI
         (MADHYA PRADESH)

                                                          .....RESPONDENT
         (SMT. ANJALI GYANANI-PUBLIC PROSECUTOR FOR STATE)
         (SHRI NITIN GOYAL-ADVOCATE FOR COMPLAINANT)

      This application coming on for hearing this day, the court passed the
following:
                                     ORDER

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

T h e applicants apprehend their arrest in connection with Crime No.97/2022 registered at Police Station Amola, District Shivpuri for offence under Sections 306, 34 of IPC.

I t is submitted by the Counsel for applicants that applicant No.1 is

younger brother-in-law i.e. devar of deceased and applicant No.2- is wife of applicant No.1 i.e. devrani of deceased. The allegations are that the deceased was married to Balwant about 13 years back. She was suspecting that Balwant has illicit relationship with applicant No.2 and it is alleged that on this issue, the deceased was being harassed by applicants and other in-laws. It is submitted that applicant No.1 who is the husband of applicant No.2 would never allow his wife to have illicit relationship with somebody-else. This far fetched allegations were alleged only after the deceased committed suicide. The applicants were residing separately. They were nothing to do with the family affairs of the deceased and her husband. This Court by order dated dated 01.07.2022 passed

in M.Cr.C. No.32006/2022 has already granted anticipatory bail to co-accused- Devalal and Mahila Nattho Bai, though it was primarily on the ground of age and their relation with the deceased. The applicants are ready and willing to cooperate with the investigation and there is no possibility of their absconding or tampering with prosecution case.

Per contra, application is vehemently opposed by Counsel for State. Considering the nature of allegations and without commenting on the merits of the case, the application is allowed subject to condition that if the applicants appear before the Investigating Officer (Arresting Officer) on or before 15.07.2022, they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by the Investigating Officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicants fail to appear before the Investigating Officer (Arresting Authority) on or before 15/07/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take them in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.08 18:15:14 +05'30'